16. INCOME TAX

The Company’s Chinese subsidiaries are governed by the Income Tax Law of the PRC concerning privately-run enterprises, which are generally subject to tax at 25% on income reported in the statutory financial statements after appropriate tax adjustments. Under the Chinese tax law, the tax treatment of finance and sales-type leases is similar to US GAAP. However, the local tax bureau continues to treat CREG sales-type leases as operating leases. Accordingly, the Company recorded deferred income taxes.

The Company’s subsidiaries generate all of their income from their PRC operations. Yinghua and Shanghai TCH’s effective income tax rate for 2017 and 2016 was 25%. During 2013, Xi’an TCH was re-approved for high tech enterprise status and enjoyed 15% preferential income tax rate for three years effective January 1, 2013 through December 31, 2015, and is subject to 25% income tax rate in 2017 and 2016 due to the renewal of preferential income tax rate was not approved by the tax authority. Huahong, Zhonghong and Erdos TCH’s effective income tax rate for 2017 and 2016 was 25%. Yinghua, Shanghai TCH, Xi’an TCH, Huahong, Zhonghong and Erdos TCH file separate income tax returns.

There is no income tax for companies domiciled in the Cayman Islands. Accordingly, the Company’s CFS do not present any income tax provisions related to Cayman Islands tax jurisdiction, where Sifang Holding is domiciled.

The US parent company, China Recycling Energy Corporation, is taxed in the US and, as of June 30, 2017, had net operating loss (“NOL”) carry forwards for income taxes of $14.15 million, which may be available to reduce future years’ taxable income as NOLs can be carried forward up to 20 years from the year the loss is incurred. Our management believes the realization of benefits from these losses may be uncertain due to the US parent company’s continuing operating losses. Accordingly, a 100% deferred tax asset valuation allowance was provided.

The following table reconciles the US statutory rates to the Company’s effective tax rate for the six and three months ended June 30, 2017 and 2016, respectively:

	Six Months						Three Months
	2017			2016			2017			2016
U.S. statutory rates		34.0	%		34.0	%		34.0	%		34.0	%
Tax rate difference – current provision		(9.0	)%		(10.6	)%		(10.5	)%		(9.4	)%
Permanent difference		0.1	%		-			0.2	%		-
Other		(7.0	)%		0.2	%		(9.1	)%		1.5	%
Valuation allowance on PRC NOL		39.8	%		(106.0	)%		42.0	%		(142.0	)%
Valuation allowance on US NOL		0.1	%		8.8	%		0.1	%		5.1	%
Tax per financial statements		58.0	%		(73.6	)%		56.7	%		(110.8	)%

The provision for income taxes expense for the six and three months ended June 30, 2017 and 2016 consisted of the following:

	Six Months					Three Months
	2017		2016			2017		2016
Income tax expense – current	$	664,651	$	905,908		$	325,428	$	549,409
Income tax expense (benefit) – deferred		117,315		(1,878,676	)		40,235		(1,732,948	)
Total income tax expense (benefit)	$	781,966	$	(972,768	)	$	365,663	$	(1,183,539	)